Appellate Division: Second Judicial Department
M14682
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2004-01185, 2004-01186
A.J.K. Breads of NY, Inc., appellant-respondent, v Paul Martin, L.L.C., respondent-appellant. (Index No. 21990/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent and the respondent-appellant to withdraw their appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated December 15, 2003, and December 17, 2003, respectively.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeals and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14679
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2004-03089
Allstate Insurance Company, a/s/o Ida P. Finkelstein, et al., appellants, v Antonina Gibney, et al., respondents. (Index No. 3415/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14686
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2004-04975
Michael Belliard, respondent, v 199-203-205-30 Street Corp., appellant. (Index No. 10360/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14681
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2004-03473
Jeffrey Carbone, respondent, v Lynda Carbone, appellant, Steven Carbone, et al., nonparty respondents. (Index No. 2552/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14694
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2003-09892
Salvatore Ciafone, respondent, v Ibn Kenyatta, appellant; Attorney General of State of New York, intervenor-respondent. (Index No. 1080/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 30, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14596
E/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
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2002-10933 Freddy Daimon, a/k/a Fredi B. Darmon, appellant, v Leah Fridman, respondent. (Index No. 16730/00) 2004-04775, 2004-04776 Freddy Daimon, a/k/a Fredi B. Darmon, respondent, v Leah Fridman, appellant. (Index No. 16730/00)
| DECISION & ORDER ON MOTION |
Motion by Leah Fridman for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated March 3, 2003, which was determined by decision and order of this court dated March 8, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by Leah Fridman on the appeal from the judgment dated March 3, 2003, and on appeals from two orders of the Supreme Court, Kings County, dated May 4, 2004, and May 19, 2004, respectively, inter alia, in effect, to set the amount of an undertaking to be posted in the event this court grants leave to appeal to the Court of Appeals from the decision and order dated March 3, 2004, and to vacate the orders dated May 4, 2004, and May 19, 2004, or alternatively, inter alia, to stay Freddy Daimon, a/k/a Fredi B. Darmon, from "further conveying" certain real property to a third party pending hearing and determination of the appeals from the orders.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14693
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2003-05879 Duratech Industries, Inc., respondent-appellant, v Continental Insurance Company, et al., appellants-respondents, et al., defendants. (Appeal No. 1) 2003-06792 Duratech Industries, Inc., respondent, v Continental Insurance Company, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 26189/98)
| ORDER ON APPLICATION |
Application by Duratech Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2003, and appeals from an order of the same court dated June 11, 2003.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before September 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14669
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2004-01251, 2004-01555 Natoya S. Edwards, etc., et al., appellants, v Allstate Insurance Company, et al., respondents. (Index No. 8754/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated December 23, 2003, and a judgment of the same court entered January 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until October 14, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14685
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2004-01833
Robert Frank, et al., respondents, v Joseph Albarano, appellant. (Index No. 17554/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14677
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2004-02695
Deanna Garcia, appellant, v Robert Thompson, et al., respondents.
(Index No. 12964/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 10, 2004.
Upon the stipulation of the attorneys for the respective parties, dated June 15, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14624
R/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-01133 Vladimir Kofman, respondent, v Robin Rivers Keller, appellant, et al., defendants.
(Index No. 18954/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from order of the Supreme Court, Kings County, dated January 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until August 30, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14689
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2004-01401
Magna-Lab, Inc., appellant, v Medical Scientific, Inc., respondent. (Index No. 10393/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14688
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2004-01653
Medical Scientific, Inc., respondent, v Magna-Lab, Inc., appellant. (Index No. 18879/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14692
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2004-04791
William R. O'Boy, et al., respondents, v Motor Coach Industries, Inc., appellant, Progressive Transportation Services, Inc., defendant. (Index No. 5687/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14668
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2004-01983
Harshanie Persaud, respondent, v Jerome A. Persaud, appellant. (Index No. 7599/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered January 2, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11439
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2003-10175, 2004-04362
Luis Pozo, plaintiff-respondent, v Toll Land V Limited Partnership, etc., et al., defendants third party plaintiffs-appellants, Axe Siding Company, Inc., defendant-respondent; Broccolo Masonry, Inc., et al., third-party defendants-respondents. (Index No. 04034/01)
| ORDER ON APPLICATION |
Application by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated October 9, 2003, and April 5, 2004, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated October 9, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal from the order dated October 9, 2003, is enlarged until September 1, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14687
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2004-04621
Joseph Procida, respondent, v Island Trees Union Free School District, et al., appellants. (Index No. 16536/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14667
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2003-10863
State Farm Mutual Automobile Insurance Company, et al., respondents, v Deirdre Sparacio, et al., appellants. (Index No. 646/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14678
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2003-11022
Angelina Vittoria, respondent, v Brook Shopping Center, Inc., d/b/a Cross County Shopping Center, et al., defendants, Boston Market Corp., appellant. (Index No. 2545/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14683
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2004-01191
William B. Briggs Construction Co., Inc., appellant, v Town of Rhinebeck, respondent. (Index No. 3891/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14690
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-02525
In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Gilbert D., Sr. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Gilbert D., Sr. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Gilbert D., Sr. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Gilbert D. (Anonymous). Dutchess County Department of Social Services, appellant; Gilbert D., Sr. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Gilbert D., Sr. (Anonymous), et al., respondents. (Proceeding No. 5) (Docket Nos. N-3052-03, N-3053-03, N-3054-03, N-3055-03, N-3056-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent Gilbert D., Sr., to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Dutchess County, dated March 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, David V. Hasin, Esq., 11 Carroll Street, Newburgh, New York 12550, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent Gilbert D., Sr.:
Steven A. Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14680
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-02525
In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Gilbert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 5) (Docket Nos. N-3052-03, N-3053-03, N-3054-03, N-3055-03, N-3056-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent Rita R. to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Dutchess County, dated March 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Dianne Braun Hanley, Esq., 121 Katonah Avenue, P.O. Box 575, Katonah, New York 10536, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent Rita R.:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14670
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2004-01298
In the Matter of John Ioannou, et al., appellants, v Laura J. Mansi, etc., et al., respondents. (Proceeding No. 1) (Index No. 14298/98) In the Matter of John Ioannou, et al., appellants, v Christopher Modelewski, etc., et al., respondents. (Proceeding No. 2) (Index No. 16618/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated December 17, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 4, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14691
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2004-06584
In the Matter of Matthew M. (Anonymous) and Juliane M. (Anonymous). Administration for Children's Services, petitioner-respondent; Andrew M. (Anonymous), appellant; Veronica L. (Anonymous), respondent. (Docket No. N-16712-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Family Court, Queens County, dated July 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14594
S/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
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2004-03887, 2004-03889, 2004-03891, 2004-05919, 2004, 05920, 2004-05921
In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant.
(Docket Nos. V-04251-01, V-14040-99)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant, in effect, for leave to prosecute appeals from six orders of the Family Court, Queens County, three dated April 2, 2004, and three dated June 25, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion the appellant's notice of appeal from the orders dated June 25, 2004, is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14503
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
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2002-05270
In the Matter of Stan D. Miller, admitted as Stan Darcy Miller, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Stan D. Miller, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for an order finding the respondent in default of his obligation to answer the petition and supplemental petition and imposing such discipline as the court deems appropriate. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on August 12, 1991, under the name Stan Darcy Miller. By decision and order on motion of this court dated October 9, 2002, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him, and the matter was referred to the Honorable William C. Thompson, as Special Referee, to hear and report. By subsequent decision and order on motion of this court dated January 8, 2003, the portion of the October 9, 2002, decision and order on motion that suspended him pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii) was recalled and vacated in light of his prior suspension by the First Department, the Grievance Committee was authorized to supplement the original petition, and the supplemental charges were referred to the Honorable William C. Thompson to hear and report along with the charges previously referred to him. By decision and order on motion of this court dated March 30, 2004, the Grievance Committee's prior motion to adjudicate the respondent in default was denied with leave to renew upon proper service.
Upon all the papers filed in connection with this motion, including the Grievance Committee's letter dated June 21, 2004, it is
ORDERED that the motion is withdrawn.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14684
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2003-09969
In the Matter of Onebeacon Insurance, respondent, v Mary Slaughter, et al., appellants. (Index No. 1261/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13921
M/nal
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2004-06133 In the Matter of Joann Pozo, respondent, v Robert J. Pozo, appellant. (Docket No. F-01227-88)
| SCHEDULING ORDER |
Appeal by Robert J. Pozo from an order of the Family Court, Suffolk County, dated July 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14490
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-04671 In the Matter of Katarzyna Sacharczuk, respondent, v Brendon Holder, appellant. (Docket No. F-1169-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated April 29, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Richard Herzfeld, Esq.
555 5th Avenue - 14th Floor
New York, New York 10007
(212) 818-9019
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14508
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH, JJ.
|
2004-01504
In the Matter of Vsevolod Shakhanov, a/k/a Simon Shakhanov, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Vsevolod Shakhanov, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order: 1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to cooperate with the Grievance Committee's investigation; 2) authorizing it to institute and prosecute a disciplinary proceeding against the respondent based upon the petition annexed to the Grievance Committee's Order to Show Cause; 3) referring the issues raised to a Special Referee to hear and report; and 4) authorizing substituted service of the decision and order determining this motion and any future papers to be served upon the respondent, by affixing them to the doors of 76 Highlawn Avenue, Brooklyn, N.Y. 11235, and mailing same to that address as well as to Kenneth J. Kaplan, Esq., at 767 Third Avenue, 26th Floor, New York, N.Y. 10017, by first class mail, as provided by CPLR 308(4). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 30, 1998.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Vsevolod Shakhanov, a/k/a Simon Shakhanov, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,
ORDERED that Vsevolod Shakhanov, a/k/a Simon Shakhanov, shall promptely comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see, 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Vsevolod Shakhanov, a/k/a Simon Shakhanov, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Vsevolod Shakhanov, a/k/a Simon Shakhanov, based on the petition dated May 5, 2004; and it is further,
ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, as Special Referee to hear and report; and it is further,
ORDERED that if the respondent has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).
We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate.
On October 24, 2003, the Grievance Committee received a complaint of professional misconduct against the respondent from Louis Fiorillo, Deputy County Clerk of Kings County, alleging that the respondent failed to replace four dishonored checks, totalling $495, drawn upon his JP Morgan Chase Bank account entitled "Simon Shakhanov, Attorney at Law." The respondent had tendered those checks as payment of fees for an index number and three requests for judicial intervention. The complaint alleged that the respondent failed to comply with directions from Mr. Fiorillo's office that he replace the checks, despite his assurances that he would do so. By letter dated October 28, 2003, the Grievance Committee directed the respondent to submit an answer to the Fiorillo complaint and to explain why he practices law as Simon Shakhanov, rather than the name under which he was admitted. The respondent failed to reply.
By letter dated December 5, 2003, sent via regular and certified mail, the Grievance Committee again directed the respondent to respond to the aforementioned correspondence and warned that a continued failure to cooperate could result in his suspension.
The respondent submitted an answer dated December 19, 2003, but failed to address his continued failure to comply with the Kings County Clerk's directive to replace his dishonored checks or his practice of law with a name under which he is not admitted. By letter dated December 30, 2003, the Grievance Committee directed the respondent to provide a written explanation of the name discrepancy by January 16, 2004, along with proof that he had replaced his dishonored checks to the Kings County Clerk. The respondent failed to reply.
By letter dated January 9, 2004, the Grievance Committee sent respondent a copy of Mr. Fiorillo's reply to his answer and directed respondent to provide an answer within 10 days, inter alia, to new allegations that he failed to appear at the Clerk's office on October 16, 2003, notwithstanding his promise to do so. The respondent still failed to reply.
On December 5, 2003, the Grievance Committee received a complaint from client Balarmino Jiminez alleging that the respondent failed to provide him with copies of the settlement checks from the insurance company. By letter dated December 15, 2003, the Grievance Committee directed the respondent to provide a written answer to that complaint within 10 days. Although the respondent submitted a timely answer, the Grievance Committee directed the respondent to provide copies of his check to Mr. Jimenez, his check to himself, copies of retainer and closing statements filed with OCA, and receipts for same, by January 12, 2004. The respondent failed to reply.
On December 18, 2003, the Grievance Committee received a copy of a decision and order in Golovina v Natoli from the Honorable Jack M. Battaglia of the Civil Court, Kings County. The court found that the respondent had appropriated a $13,120 legal fee by improperly endorsing a settlement check payable to himself and another law firm without authority to do so. The order directed the respondent to pay that sum to the other law firm within five days, with 9% interest from March 6, 2003. By letter dated December 18, 2003, the Grievance Committee advised the respondent that it had opened a sua sponte investigation, directed the respondent to provide a written explanation of his conduct within 10 days, and warned that an unexcused failure to reply might constitute professional misconduct independent of the underlying allegations. The respondent failed to reply.
On February 17, 2004, Mark Basichas, Esq., informed Grievance Counsel that he was unable to reach the respondent and had not received the $13,120 from him, pursuant to Judge Battaglia's order.
On December 12, 2003, the Grievance Committee received a complaint from Gloria Rodriguez alleging that the respondent twice stopped payment on a check he had given her for her share of a personal injury settlement. By letter dated December 30, 2003, the Grievance Committee directed the respondent to submit an answer within 10 days. The respondent failed to reply.
On January 16, 2004, the Grievance Committee received a letter from Ms. Rodriguez stating that the respondent had paid her the proceeds of her settlement "in cash" and asked that the case be closed.
By letter dated January 16, 2004, sent via regular and certified mail, the Grievance Committee directed the respondent to provide answers to the sua sponte, the Jiminez, and the Rodriguez complaints within 10 days. The Grievance Committee warned the respondent that his continued failure to cooperate would result in a motion for his immediate suspension. Although the return receipt indicates delivery of the certified copy on January 22, 2004, and none of the Grievance Committee's correspondence to the respondent has been returned as undeliverable, the respondent has failed to reply or to contact the Grievance Committee in any way.
On January 21, 2004, Grievance Counsel telephoned the respondent with regard to his failures to reply. The respondent indicated that he had been in Lithuania, had family problems, and was considering retirement. Grievance Counsel advised the respondent that he was subject to suspension for failure to cooperate. At the respondent's request, Grievance Counsel granted him an extension of time until February 2, 2004, to provide answers and documents. The respondent agreed to contact the Grievance Committee if he was unable to respond by February 2, 2004.
On January 13, 2004, the Grievance Committee received a complaint from Andrew Siegel, Vice President of Check:Time Check Cashing and Financial Services, alleging that the respondent stopped payment on two checks drawn on his IOLA account, even though his staff had already verified their authenticity. The checks were in the amounts of $6,000 and $4,000. The respondent issued replacement checks which were returned due to unavailable funds. By letter dated January 23, 2004, the Grievance Committee directed the respondent to provide an answer to the Siegel complaint within 10 days and warned that failure to reply would constitute professional misconduct independent of the merits of the complaint. The respondent still failed to comply.
On January 13, 2004, the Grievance Committee received a complaint from Scott Goldberg, Esq., who represents Gem Check Cashing Corp. The complaint alleged that the respondent stopped payment on an IOLA check in the sum of $6,666 which Gem had negotiated after first verifying the check with the respondent's office. Despite the respondent's promise to replace the check, he failed to do so and his telephone was disconnected.
By letter dated January 23, 2004, the Grievance Committee directed the respondent to submit an answer within 10 days and warned that a failure to reply would constitute professional misconduct irrespective of the merits of the complaint. The respondent failed to reply.
On January 30, 2004, the Grievance Committee received a complaint from Jeanette Garay alleging that the respondent represented her and her mother in personal injury actions and that the settlement checks issued to them from the respondent's Chase Manhattan account in the sums of $5,000 and $5,025, respectively, were returned for insufficient funds. The complaint further alleges that replacement checks later issued by the respondent from an account at Fleet Bank also bounced. When Ms. Garay went to the respondent's office on January 23, 2004, she encountered a for rent sign and packing boxes. A staff member informed the complainant that the respondent was about to board a plane. By letter dated February 4, 2004, sent via regular and certified mail, the Grievance Committee directed the respondent to submit an answer within 10 days. The respondent failed to reply.
On January 30, 2004, the Grievance Committee received a letter from the Lawyers' Fund for Client Protection containing two notices from Fleet Bank indicating that the respondent had drawn checks against his IOLA account in the sums of $40,000 and $1,000 which were returned for overdrawn funds. By letter dated February 4, 2004, the Grievance Committee sent the respondent a letter, via regular and certified mail, directing him to provide, within 10 days, a written explanation for the dishonored checks drawn on his IOLA account. The Grievance Committee also sought copies of bank statements, deposit slips, checks, and the ledger for that account. The Grievance Committee warned the respondent that unexcused failure to cooperate would be deemed professional misconduct and might subject him to a disciplinary proceeding. The respondent still failed to reply.
On February 6, 2004, the Grievance Committee received a complaint from Rosa Borenstein, Esq., on behalf of Igor Rakhman, alleging that the respondent, who had represented Mr. Rakman's minor son in a personal injury action, issued a settlement check drawn against the respondent's attorney account at JP Morgan Chase Bank which was returned for insufficient funds. By letter dated February 18, 2004, sent via regular and certified mail, the Grievance Committee directed the respondent to answer within 10 days. The respondent failed to reply.
On February 18, 2004, the Grievance Committee received a complaint from Grigoriy Gleyzer, alleging that the respondent, who represented his son in a personal injury action, had received a total of $150,000 in settlement proceeds. When confronted by the complainant, the respondent issued several checks which bounced. The respondent claims that his office is now shut down. By letter dated February 20, 2004, the Grievance Committee directed the respondent to provide an answer within 10 days. The respondent failed to comply.
On February 18, 2004, the Grievance Committee received a complaint from Alex Pinkhas alleging that he had retained the respondent for a personal injury case and that the respondent told him, on January 31, 2004, that he had not yet received the settlement check from the insurer. Mr. Pinkhas learned from the defense counsel that the insurance company had sent the respondent a settlement check for $12,500 in early January 2004. Mr. Pinkhas returned to the respondent's office on February 4, 2004, to find it vacated. The landlord allegedly indicated that the respondent left owing him back rent. By letter dated February 20, 2004, the Grievance Committee directed the respondent to submit an answer within 10 days. The respondent failed to reply.
On February 18, 2004, the Grievance Committee received a complaint from Mindy Colon alleging that after she retained the respondent in a personal injury case, she received a letter from the defendant's insurance carrier indicating that it had sent a settlement check to the respondent on December 18, 2003. When Ms. Colon called the respondent on or about January 8, 2004, he acknowledged that he had received the check and told her to send a release "to the company" to get "an O.K. to distribute." The respondent thereafter closed his office. By letter dated February 20, 2004, the Grievance Committee directed the respondent to submit an answer within 10 days. The respondent failed to reply.
On February 20, 2004, the Grievance Committee received a complaint from Julissa Urena, alleging that after she retained him for a personal injury matter, the respondent issued a check in the sum of $5,333.34 from his IOLA account on January 7, 2004. That sum represented Ms. Urena's share of her settlement. On January 12, 2004, the check was returned for insufficient funds. When Ms. Urena went to respondent's office on January 30, 2004, she saw "packing boxes". The respondent was not present and her calls to his office went unanswered. By letter dated February 20, 2004, the Grievance Committee directed respondent to submit an answer within 10 days. The respondent failed to reply.
On February 25, 2004, the Grievance Committee received a letter from the Lawyers' Fund for Client Protection containing two notices from Fleet Bank to the effect that the respondent had drawn checks against his IOLA account totalling $14,935.05 that were returned for "overdrawn funds." By letter dated February 16, 2004, the Grievance Committee directed the respondent to submit an answer within 20 days. The respondent failed to reply.
Between February 26 and March 30, 2004, the Grievance Committee received nine additional complaints of professional misconduct against the respondent from clients, alleging that personal injury settlement funds totalling $51,000 paid to the respondent on their behalf, were unaccounted for and/or that the respondent had abandoned their cases. The Grievance Committee received a third notice from the Lawyers' Fund for Client Protection enclosing dishonored check notices regarding several checks drawn on the respondent's IOLA account, totalling $92,900.
Correspondence from the Grievance Committee to the respondent regarding complaints received after February 26, 2004, was returned by the Postal Service marked "Moved, Left no Forwarding Address." Numerous attempts by Grievance Counsel to contact the respondent by telephone were unsuccessful. The respondent's telephone was disconnected on or about February 15, 2004.
On February 23, 2004, the Grievance Committee obtained an Order to Show Cause signed by the Honorable Gabriel Krausman seeking the respondent's immediate suspension on the ground of failure to cooperate. The Grievance Committee's Investigator has been attempting to personally serve the respondent since February 23, 2004. The respondent's offices in both Queens and Brooklyn are closed. From his visits to five residential addresses on record for the respondent, the Grievance Committee Investigator discovered that the respondent no longer resides at any of those locations. After the Investigator visited the respondent's father-in-law, who denied knowledge of the respondent's whereabouts, the Grievance Committee was contacted by Kenneth J. Kaplan, Esq., the respondent's criminal defense attorney. Mr. Kaplan, who represented the respondent in a pending federal criminal investigation, agreed to accept service of the Order to Show Cause. However, Mr. Kaplan stated that he would not appear in this matter.
On March 8, 2004, the Grievance Committee obtained an extension of time in which to personally serve the respondent. Grievance Counsel learned from Mr. Kaplan that the respondent's files had been transferred to Felix Nihamin, Esq. When Grievance Counsel contacted Mr. Nihamin, he stated that he did not know how or where the respondent could be reached. After Mr. Nihamin represented the respondent and his wife in the sale of their Manhattan apartment, the respondent offered his active personal injury files to Mr. Nihamin with no explanation. The respondent waived any liens or reimbursement of legal expenses. Mr. Nihamin wrote to those clients to afford them the opportunity to either retrieve their files or retain him to complete their cases.
The Grievance Committee was unable to locate the respondent and withdrew its earlier Order to Show Cause.
On or about March 18, 2004, Mr. Nihamin provided the Grievance Committee with a telephone number for the respondent's wife. The respondent's wife informed Grievance Counsel that she did not know where the respondent was and referred her to the respondent's attorney, Kenneth Kaplan. Mr. Kaplan reiterated that he would not appear and demanded that the Grievance Committee cease communicating with the respondent's spouse, claiming that spousal privileges applied.
The Postal Service Police revealed that mail addressed to the respondent's former residence was being forwarded to 2940 Ocean Parkway, Apt. 7E, Brooklyn, N.Y. 11235. The Grievance Committee Investigator visited the premises and ascertained that the name on the mailbox was "Bondarenko," the respondent's wife's name.
In a telephone conversation on January 21, 2004, the respondent acknowledged to the Grievance Committee that he was aware that the Grievance Committee had received several complaints against him and that he was subject to suspension if he failed to reply.
A petition, dated May 5, 2004, containing one charge of professional misconduct predicated upon the foregoing allegations, is annexed to the Grievance Committee's Order to Show Cause.
Although the motion papers were affixed to the front doors of the respondent's last two known residences and were mailed to his attorney, the respondent failed to reply to the Grievance Committee's Order to Show Cause or to request an extension of time in which to do so.
In view of the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him, and the Grievance Committee is authorized to serve this decision and order on motion and any future papers upon the respondent via substituted service as set forth in this order.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14472
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-03785 The People, etc., respondent, v Basudeb Chakrabarty, appellant. (Ind. No. 641/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 7, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 14, 2003, November 25, 2003, and January 27, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
Daniel H. Guttman, Esq.
25 West Main Street
Smithtown, New York 11787
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street, 5th Floor
New York, New York 10038
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
3556 Rochambeau Avenue - Apt. 5J
Bronx, New York 10467
Appellate Division: Second Judicial Department
M14262
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02584 The People, etc., respondent, v David Deale, appellant. (Ind. No. 203-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 24, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 4, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Barry Kamen, Esq.
P.O. Box 1484
Lake George, New York 11755
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
SANTUCCI, J.P., H. MILLER, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 1340
Collins Corr. Fac.
Box 340
Collins, New York 14034
Appellate Division: Second Judicial Department
M14695
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02731 The People, etc., respondent, v Stanley Eley, appellant. (Ind. No. 2494/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 16, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 15, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street, 5th Floor
New York, New York 10038
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1645
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M14394
F/
A. GAIL PRUDENTI, P.J.
|
2004-05209 The People, etc., plaintiff, v Vance Maxwell, defendant (Ind. No. 2387/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 30, 2004, which as been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice